JUDGMENT

S.G. SHAH, J.: -

1. Rule. Mr. Manan Mehta, learned Additional Public Prosecutor waives service of notice of rule for Respondent No.1 - State of Gujarat as well as Mr. Nikul K. Soni, learned -advocate waives service of notice of Rule for Respondent No.2.

2. Heard learned advocates for the respective parties. Perused the record.

3. The petitioner is original accused in Criminal Case No.756 of 2006 preferred by respondent no.2 under Section 138 of Negotiable Instrument Act, wherein, petitioner has been convicted and ordered to undergo imprisonment of 1 year with a direction to pay Rs.10,00,000/- being amount of cheque as compensation to the complainant. When such order of conviction was challenged in Criminal Appeal No.25 of 2012, by impugned judgment and order dated 24.4.2015, the Sessions Court of Vadodara has confirmed the judgment of Chief Judicial Magistrate, Vadodara by rejecting the appeal. While challenging such impugned judgment in filing Revision Petition, there is delay of 281 days and, therefore, petitioner has filed this application to condone such delay. The application has been opposed by the respondent. Whereas, it is contended by the petitioner that when appeal w